Article 16-25(Day 2)

• ARTICLE 16 (Property rights and succession rights)

  Real property as well as personal property is subject to the law of the country where it is situated.

  But, in terms of succession, the law of nationality of the successor shall be regulated.

  (Take note: only the succession rights will be regulated based on the nationality of the successor, but the property rights are on the country where the property is situated or found)
• ARTICLE 17 (lex loci contractus)

  The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

  But if the witness is the consular official or representative of the Philippines will be used

  But if is against the mandatory or prohibitory law just stated in article 5 it will be void
• Lex loci contractus

  It means the law of the place where the contract is made.
• ARTICLE 18.

  In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (supplementary to the Commerce and special laws deficiencies)
• CHAPTER 2

  Human Relations
• ARTICLE 19. (summum jus summa injuria)

  
  

  Every person has the freedom to exercise their own rights unless that they perform his duties, acts with justice, and does not affect the rights of the other person
• Summum jus summa injuria


  It means Abuse of rights is the greatest possible wrong
• ARTICLE 20

  Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

  (It is all about the willfully or negligently contrary to law or cause damage to others shall compensate the same amount it speaks to the law that has no equal sanction)
• ARTICLE 21 (acts contra bonus mores)

  Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage.

  (Talks about to action that against or causes loss or injury to morals even if it is not prohibited by the law but morally wrong shall compensate)
• acts contra bonus mores


  It means Acts against good morals
• ARTICLE 22 (Unjust enrichment)

  The wealth you acquire that does not belong to you will be returned as same to him if there is no legal ground.
• ARTICLE 23. (Avoidance of unjust enrichment)

  When an act causes damage to the property of others that even not his fault or negligence still liable to indemnity if benefited in those acts.
• ARTICLE 24. (Attention to disadvantaged parties)

  Giving attention to the disadvantaged parties for being ignorance, indigence, mental weakness, tender age, or other handicap the courts must be vigilant for their protection. (Courts proving equity to make sure their rights is not taking advantage of others)
• ARTICLE 25. (Reckless extravagance)

  Thoughtless extravagance in expenses for pleasure or display during a period of emergency may be stopped by order of the courts at the instance of any government or private charitable institution. (To prevent inconsiderate activities during the time of emergency and to prevent annoyance and irritation of the public)
• Kinds of Indemnify

  Civil liability (Fine)

  Criminal liability (Penalty/sentence)

  both (Fine/sentence